The Federal High Court in Lagos has sentenced two Chinese nationals, Zhang Hong Lin and Gao Pei Hai, to five years' imprisonment each for their involvement in illegal mining and the unauthorised export of solid minerals from Nigeria. The conviction was delivered on Friday by Justice Akintayo Aluko after the defendants pleaded guilty to a five-count charge of conspiracy and unlawful possession of mineral resources destined for export.
EFCC Prosecution and Evidence
The case was brought by the Economic and Financial Crimes Commission (EFCC), which alleged that the duo unlawfully exported mica, copper-bearing, and lithium-bearing minerals without the requisite authority. According to Dele Oyewale, the EFCC's spokesperson, the offences occurred in Lagos in 2025. A third defendant, Gao Pei Yu, named in the charge, remains at large.
The charge sheet specifies that the defendants' actions contravened Section 1(8)(a) of the Miscellaneous Offences Act, 1983, which is punishable under Section 8 of the same law. After the charges were read in open court, both Zhang and Gao entered guilty pleas. The prosecution subsequently called its investigating officer, Matthew Orogwu, who detailed the findings of the investigation and submitted documentary evidence before the court. Prosecution counsel H.U. Kofarnaisa urged the court to convict the defendants based on the strength of the evidence presented.
Sentencing, Forfeiture and Fine
Justice Aluko found the two men guilty on all five counts and sentenced each to five years in prison on each count. However, the judge offered them an alternative of paying a N50 million fine, which would cover all five counts. Additionally, the court ordered that the mineral resources recovered during the investigation be forfeited to the Federal Government.
The judgement represents a significant step in the fight against illegal mining, which has become a major concern for Nigeria's economy. The unauthorised extraction and export of solid minerals deprive the government of much-needed revenue and also cause environmental degradation in mining communities. The option of a hefty fine, rather than immediate incarceration, may allow the convicts to avoid prison time if they pay the penalty, but the conviction itself stands as a serious legal consequence.
Third Defendant at Large
EFCC spokesperson Dele Oyewale disclosed that the third defendant, Gao Pei Yu, has yet to be taken into custody. The commission continues its efforts to apprehend him and have him answer the charges. The ongoing manhunt signals that the authorities are not relenting in their pursuit of all those involved in the illegal scheme.
Broader Crackdown on Illegal Mining
The latest conviction is not an isolated case. Nigerian authorities have been intensifying enforcement actions against suspected illegal miners, particularly foreign nationals. In 2023, the EFCC arrested 13 Chinese nationals in Ilorin, Kwara State, over their alleged participation in illegal mining activities. Those arrests were part of a wider campaign to stem the illegal mining and smuggling of solid minerals out of Nigeria.
Furthermore, a Premium Times investigation in 2024 found that the Bani community in Kwara State had become a hotbed of illegal lithium mining. The investigation reported that the growing trade had attracted a host of miners and middlemen to the community, prompting questions about how unlicensed operators were able to extract and transport the valuable mineral in large quantities. The situation highlights the difficulties regulators face in controlling access to remote mineral-rich areas.
The conviction of Zhang and Gao sends a clear warning to others engaged in similar offences that they risk severe legal consequences. It also underscores the government's determination to protect Nigeria's mineral wealth and ensure that those who flout the law are brought to justice. With the third defendant still at large, the EFCC's work is not yet complete, and further arrests and prosecutions are likely as part of the ongoing enforcement campaign.
